After your spouse or loved one passes away, any real estate that they own cannot be sold or transferred until their name is removed from the title.
Often, the probate process establishes a record in which the title of their property is passed to someone else. However, depending on certain conditions, going through a full probate process may not be necessary.
In Texas, you can file an affidavit of heirship when a loved one who owned real property passes away without leaving a will or if there is a will, but it does not go through probate.
The Fetty Firm, P.C., led by North Texas probate law attorney Rashelle Fetty, can help explain how the Affidavit of Heirship works, its advantages and disadvantages, and if it would be appropriate in your case.
What is an Affidavit of Heirship?
It is an affidavit (written, sworn statement) that outlines the decedent’s family history and identifies the heirs. This is not filed in probate court. This is instead filed in the county records of where the decedent either lived or owned property when they passed away.
Who signs an affidavit of heirship?
The affidavit must be signed by an individual who (a) will not benefit financially from its filing and (b) knew the decedent and the decedent’s family history. A notary public is required. Our law firm will go review in detail who would and who would not be qualified to sign an affidavit of heirship.
Where is it filed?
The affidavit is filed in the county where the land is located. It must be filed with the rest of the real property records. Counties in North Texas have varying filing fees—we will advise of you these fees.
Questions we’ll be able to answer for you
- Who can sign an affidavit of heirship?
- Will an affidavit of heirship be favorable in my case?
- What are the advantages and disadvantages?
- How does it work in relations to creditors?
- Can this be contested in court?
Contact The Fetty Firm, P.C.
We can answer your questions and help you complete the necessary documentation. Probate law attorney Rashelle Fetty has extensive experience in helping North Texas familiies through the affidavit of heirship process.
Affidavits of heirship is not necessarily a complicated process, however, you want to make sure everything is in proper order so that you can continue the business of handling your loved ones’ affairs. Contact the Fetty Firm today for a consultation.